Modification question

[Fitzy258]

What is the name of your state? MA
In my divorce agreement it states that before any court action is taken we are to consult through our lawyers. My problem is I have issues to deal with and cannot afford an attorney. Can I go to court to modify the part regarding requiring using an attorney? Also, I will be dealing with may serious issues including college tuition and support am I taking a risk of not using a lawyer...my feeling is the facts will ar the facts and the judge will make his decision. Any advice is greatly appreciated.

 

[Silverplum]

What is the name of your state? MA
In my divorce agreement it states that before any court action is taken we are to consult through our lawyers. My problem is I have issues to deal with and cannot afford an attorney. Can I go to court to modify the part regarding requiring using an attorney? Also, I will be dealing with may serious issues including college tuition and support am I taking a risk of not using a lawyer...my feeling is the facts will ar the facts and the judge will make his decision. Any advice is greatly appreciated.

Perhaps the agreement meant mediation first? Please type what the agreement actually states.

 

[Fitzy258]

The agreement reads as follows: "The parties agree that in the event there is a good faith, bona fide dispute about any aspect of the within Agreement, particularly pertaining to the child related issues, that prior to commencing formal legal action the disputed issue or issues shall first be worked out of court between the wife's counsel...attorney... and husbands counsel...attorney...."

 

[NotSoNew]

What is the name of your state? MA
In my divorce agreement it states that before any court action is taken we are to consult through our lawyers. My problem is I have issues to deal with and cannot afford an attorney. Can I go to court to modify the part regarding requiring using an attorney? Also, I will be dealing with may serious issues including college tuition and support am I taking a risk of not using a lawyer...my feeling is the facts will ar the facts and the judge will make his decision. Any advice is greatly appreciated.

serious issues with college tuition and support? good luck getting it changed with out a lawyer. the facts ARE the facts regardless but the fact is that most lay people do not know the proper way to portray the facts to the judge nor the proper rules of the court, judges get very fustrated with this.

 

[Footsy1972]

I have found a legal serive that charges 26.00 a month for anything done out of a court room this includes modifications to exisitng documents. I amusing them right now for a modification. This fee includes phone consultations, paperwork etc..anything that is handled outside of a court room. If it does go to a court room it is a charge of 125/hr.
If you would like the number let me know.

 

[Noelle_71]

I have found a legal serive that charges 26.00 a month for anything done out of a court room this includes modifications to exisitng documents. I amusing them right now for a modification. This fee includes phone consultations, paperwork etc..anything that is handled outside of a court room. If it does go to a court room it is a charge of 125/hr.
If you would like the number let me know.

*sigh* Good luck. My order said the same thing, mediation first..they sued out of the blue and the only thing the judge said was "replead" but in the meantime, the judge gave him temporary visitation. So if you have nothing now, you'll get something and you don't need an attorney for an initial hearing. Little happens in the first court appearance, more often than not the judge sets a date for a temporary hearing and you go from there. Most states/counties also have self service information and you can get all the forms and answers to most questions.
Regardless, good luck.

 

[kik1999]

I have found a legal serive that charges 26.00 a month for anything done out of a court room this includes modifications to exisitng documents. I amusing them right now for a modification. This fee includes phone consultations, paperwork etc..anything that is handled outside of a court room. If it does go to a court room it is a charge of 125/hr.
If you would like the number let me know.

Footsy...PM me please. I tried, but yours are off.

 

[acmb05]

I have found a legal serive that charges 26.00 a month for anything done out of a court room this includes modifications to exisitng documents. I amusing them right now for a modification. This fee includes phone consultations, paperwork etc..anything that is handled outside of a court room. If it does go to a court room it is a charge of 125/hr.
If you would like the number let me know.

Please stop pushing this service in every post. There really is no need and actually they are not as good as some people make them out to be.

 

[Fitzy258]

I understand that it will be a difficult task, but when I say I have no money to use a lawyer I dont....so what would be the first step to have a judge look at this portion of the agreement to modify it? I am planning on taking it all one step at a time, money is not an issue with my exhusband so I know this will be extremely difficult.

 

[GrowUp!]

I have found a legal serive that charges 26.00 a month for anything done out of a court room this includes modifications to exisitng documents. I amusing them right now for a modification. This fee includes phone consultations, paperwork etc..anything that is handled outside of a court room. If it does go to a court room it is a charge of 125/hr.
If you would like the number let me know.

Oh please. Those services SUCK! They are "pre-paid" legal and they are not as much of a bargain as you might think.

 

[GrowUp!]

I understand that it will be a difficult task, but when I say I have no money to use a lawyer I dont....so what would be the first step to have a judge look at this portion of the agreement to modify it? I am planning on taking it all one step at a time, money is not an issue with my exhusband so I know this will be extremely difficult.

Usually it's between you two trying to work it out and/or mediation.

As far as college costs go, your "facts" might very well be irrelevant. If the child is healthy and there is nothing preventing the child from being able to work and support themselves, the chances of a Judge ordering any type of college costs aren't in your favor. This is something that should've been addressed at the beginning and not later on down-the-road.

What "Facts" do you have?

 

[NotSoNew]

Oh please. Those services SUCK! They are "pre-paid" legal and they are not as much of a bargain as you might think.

acutally we used prepaid legal and we loved them, and hired our attorney through them too, however they dont tell you the "steps" to follow exactly you still have to semi know what you are doing.

my husbands ex HAS an attorney but i guess she is trying to save and wrote her motion herself and had her attorney file it, alls i can say is it was very obvious she wrote it herself and almost laughable. Filled with emotional, legally irrelvant facts.

fitzy you need to call the court house and ask them what steps to take, or consult your local law library.

 

[Fitzy258]

The reason why I need to go to the judge regarding college has nothing to do with my childs ability to pay but my ability to meet the terms of my divorce agreement. Alot of the basis was on the value of my home which has seen a dramatic decrease. If I am to follow through according to the agreement I am guarenteed to be bankrupt and homeless. To me this seems like a significant change in circumstances for the judge to look at it, but the problem is the clause requiring I use a lawyer...so that was the purpose of this post to see if I can go to the judge to have that requirement removed without using a lawyer.

I will take the advice given so far and go to the court house and see what is required to file a motion for modification, and I am figuring the worse that would happen is my ex goes crazy and his nasty lawyer comes at me (which I am getting accustomed) and threaten me with contempt.

 

[GrowUp!]

The reason why I need to go to the judge regarding college has nothing to do with my childs ability to pay but my ability to meet the terms of my divorce agreement. Alot of the basis was on the value of my home which has seen a dramatic decrease. If I am to follow through according to the agreement I am guarenteed to be bankrupt and homeless. To me this seems like a significant change in circumstances for the judge to look at it, but the problem is the clause requiring I use a lawyer...so that was the purpose of this post to see if I can go to the judge to have that requirement removed without using a lawyer.

Nope, that does NOT qualify a change in circumstance. IN many parts of the US, the housing bubble has burst, so your house value problem is not yours alone.
Which poses another question...why do you think your ex should pick up YOUR slack because YOU are unable to live up to your end of the agreement? Maybe you should think before possibly agreeing to things that might get you in over your head.
Actually, you really do not need to file through the court just to have that clause removed. It's not the most economical way -- if you and your ex can simply agree to that, then you do and you can work out any future modifications between the 2 of you and file it with the court.

I will take the advice given so far and go to the court house and see what is required to file a motion for modification, and I am figuring the worse that would happen is my ex goes crazy and his nasty lawyer comes at me (which I am getting accustomed) and threaten me with contempt.

How long has the stuff been final?

 

[nextwife]

Alot of the basis was on the value of my home which has seen a dramatic decrease. If I am to follow through according to the agreement I am guarenteed to be bankrupt and homeless. r.
(

Are you working? Have you been doing anything to improve your ability to bring in a sustainable income?